MOUMITA GANGULY Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) I am dealing with an application under Sec. 482 of the Code of Criminal Procedure 1973 with a prayer for quashing the Andal Police Station Case No. 122 of 2016 dtd. 18/5/2016 under Sec. 498A, 406,34 of the Indian Penal Code (herein after refer to as IPC) pending before the learned Additional Chief Judicial Magistrate, Durgapur, Burdwan.

(2.) Mr. Soumik Ganguli, Learned advocate, appearing on behalf of the petitioner has submitted that marriage between Partha Chatterjee petitioner no. 4 and opposite party no. 2 Anima Chatterjee @ Jhuma Chatterjee was solemnized on 21/11/2011 and one application under Sec. 156(3) of the Code of Criminal Procedure (hereinafter referred to as CrPC) was filed by said Anima Chatterjee @ Jhuma Chatterjee on 5/5/2016 before the Court Learned Additional Chief Judicial Magistrate at Durgapur District Burdwan alleging offence under Sec. 498A, 406, 34 of the IPC against the petitioners/in laws. Mr. Ganguli has further contended that petitioner no. 4 Partha Chatterjee filed a divorce suit on 16/3/2016 and marriage was dissolved ex-parte on 8/6/2016. Mr. Ganguli submitted that there is no specific allegation against any particular petitioner and the case was filed with a false allegation just to harass the petitioners.

(3.) Mr. Ganguli in support of his contention relied on a case of Kahkashan Kausar and other Vs. State of Bihar and others reported in (2022) 6 Supreme Court Cases 599.